Title
Dept./ Agency: Public Safety/Division of Police
Action: (X) Ratifying (X) Authorizing ( ) Amending
Purpose: Appointment of Special Police Officers
Type of Service: Appointment of (13) Special Police Officers - Non-Newark Residents
List of Police Officers:
(Name/Address)
See Appendix B of the Certification of the Chief of Police (attached)
Term of Appointment: January 1, 2024 through December 31, 2024
Additional Information:
Thirteen (13) Non-Newark residents for Appointment as Special Police Officers.
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WHEREAS, pursuant to the “Special Law Enforcement Officers Act”, (N.J.S.A. 40A:14-146.8, et seq., as amended and supplemented) (“SLEOA”) the New Jersey State Legislature has established uniform procedures for the appointment of Special Law Enforcement Officers throughout the State; and
WHEREAS, said procedures require the Director of Public Safety to ascertain the eligibility and qualifications for all Newark Special Police Officer-appointees and to report his determination in writing to the Municipal Council as the appointing authority; and
WHEREAS, the Chief of Police has certified to the Director of Public Safety that the Special Police Officers (“SPO”) listed in the attached Appendix B of the Certification of the Chief of Police satisfy all the requirements of the SLEOA, including that they are citizens of the United States; residents of New Jersey; are able to read, write and speak the English language well and intelligently and possess a high school diploma or its equivalent; are sound in mind and body and of good health; are of good moral character, have not been convicted of an offense involving dishonesty and/or moral turpitude or which would make him or her unfit to perform the duties of his or her office; have successfully undergone the same psychological testing of all full-time police officers and/or a program approved by the Police Training Commission; and are capable of obtaining a passing grade in a course of study on firearms, and shall have the powers of arrest and criminal law and procedure given by the appointing authority under the supervision and control of the Newark Department of Public Safety, Police Division; and
WHEREAS, the Director of Public Safety has therefore approved the listed SPOs in Appendix A; and
WHEREAS, the United Brotherhood of Special Law Enforcement Officers and the Special Police Organization of New Jersey have agreed to maintain proper insurance coverage in amounts acceptable to the City at all times during their commission and to timely pay any and all insurance deductibles, attorney’s fees and expenses incurred as a result of litigation being filed against any special law enforcement officer; and
WHEREAS, the Chief of Police recommends that, in the event that payment of the insurance premiums or applicable deductible is not timely made, the Chief of Police may recommend to the Director of Public Safety that the pertinent SPO(s) be decommissioned; and
WHEREAS, the Corporation Counsel recommends that the United Brotherhood of Special Law Enforcement Officers and the Special Police Organization of New Jersey execute an appropriate Indemnification and Hold Harmless Agreement in favor of the City of Newark to ensure coverage above the policy limits and believes this requirement is in the best interest of the City; and
WHEREAS, the Director of Public Safety has determined it is in the City’s best interest to mandate that all SPOs volunteer twenty (20) hours a year at Special Events, due to economic efficiencies.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The named individuals listed in Appendix B of the Certification of the Chief of Police (attached hereto and made a part hereof) have met the eligibility standards and qualifications set forth in Special Law Enforcement Officers’ Act (N.J.S.A. 40A:14-146.8, et seq., as amended and supplemented) (“SLEOA”), per the certification of the Chief of Police to the Director of Public Safety and is hereby appointed as Class Two Special Police Officers (“SPO”s) for the term commencing on January 1, 2024 and ending on December 31, 2024.
2. The Special Police Officers appointed herein shall be subject to the provisions of the SLEOA and all applicable City ordinances, as well as to the rules and regulations promulgated by the Director of Public Safety or Chief of Police.
3. The Municipal Council supports the Director of Public Safety’s mandate that all SPOs volunteer twenty (20) hours a year to assist the Department of Public Safety with coverage at Special Events.
4. The Municipal Counsel supports the recommendation that in the event payment of the insurance premiums or applicable deductible is not timely made by SPOs, the Chief of Police may recommend to the Director of Public Safety that they be decommissioned.
5. The United Brotherhood of Special Law Enforcement Officers and the Special Police Organization of New Jersey must ensure coverage for SPOs beyond the policy limits, and if a deductible needs to be made prior to the Insurance Coverage, they will be responsible for this and not the City of Newark.
6. The Office of the Director of Public Safety shall verify the addresses as provided by the aforementioned persons by a certified, return receipt letter, and shall inform the Municipal Council of the letter returned undelivered. Those individuals whose letters have been returned undelivered may automatically have their Special Police appointment revoked for either providing an incorrect address, or for not providing a change of address.
7. The resolution is hereby ratified from January 1, 2024 to the adoption date of this resolution.
8. The Office of the Director of Public Safety shall file an executed copy of this resolution of appointment with the Office of the City Clerk.
STATEMENT
This resolution ratifies and authorizes the appointment of thirteen (13) non-residents to the position of Class Two Special Police Officer for a term commencing on January 1, 2024 and ending on December 31, 2024, and supports the Director of Public Safety’s mandate that the Special Police Officer volunteer twenty (20) hours a year for coverage at Special Events.